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Lifetime Roof and Fence Company Standard Form Agreement, Terms and Conditions

1. Subcontractors. LFC at his discretion may delegate any portion of the work by Subcontractor with responsible Subcontractors but such delegation shall not relieve LFC of full responsibility for the work. 2. Project Delays. Unscheduled work delays caused by Purchaser may constitute a $150.00 charge per day. Scheduled project dates are subject to change (due to weather, delays, project modifications, etc.) at the discretion of LFC. 3. Mechanic’s Lien Affidavit. Should purchaser fail to pay the amounts due under the Agreement, Purchaser hereby consents to the filing of a Mechanic’s and/or Materialmen’s Lien by LFC on the property to which materials and/or services were provided. 4. Warranty Work. “Lifetime Warranty” refers to the time period between completion of the project and when the purchaser no longer legally inhabits the residence. Warranty covers labor only, not to exceed the original labor cost of job, splitting and warping are a common characteristic and occur in dimensional lumber and should be expected. (Board splits of less than three inches are normal and not covered under warranty. Calls for repair of such non covered items will be subject to a $75 trip charge) Removal of fence’s sign void warranty. Trip charges may apply for repairs. Stain is not covered under warranty. Paint is not covered under warranty. Must stain or paint fence every 3 years or warranty is void. Lifetime warranty does not cover materials for any reason. Warranty does not cover anything related to weather or automobile related issues. Warranty does not cover any pet or animal related damage. Any repairs above the original labor cost ($4 per linear foot) associated with the job will be the responsibility of the customer/owner. If the fence/project is deemed un-repairable by LF, LLC then the maximum labor liability is adjusted for time and forfeited to the customer at the sole discretion of LF, LLC and warranty is void. If materials, are needed in order to repair any portion of the fence, gate, or otherwise, the material cost will be the sole responsibility of the owner/customer and not LFC. Lifetime workmanship warranty does not apply when using any original posts, runners, pickets, ect.. Lifetime warranty only covers new built fences. Post leans are normal in over-saturated ground and are not covered under lifetime warranty. Any shrubbery, vines, trees, limbs, etc growing on, or affecting the structure of the fence voids warranty. Lifetime warranty DOES NOT APPLY TO COMMERCIALLY ZONED FENCES UNDER ANY CIRCUMSTANCE. All materials including posts, concrete, wood, steel caps, panels, nails, and all other materials are the property of Lifetime Roof and Fence Company until job is paid in full. Warranty covers ONLY: Fence lean of more than two inches off plumb Loose boards to be placed back on fence Lag screws or nails to be re-tightened or nailed Gate sagging, dragging, or leaning (walk gate) Labor involved in the repair of any electric gate originally installed by LFC 5. Initial Payment. The initial payment shall be paid by Owner to LFC prior to commencement or work and shall be used for acquisition of materials and site setup. LFC shall partially credit purchaser for such initial payment in each application for payment in the amount shown, until the initial payment is fully credited. Initial payment is not refundable under any circumstance. 6. Supervision & Safety. LFC shall be responsible for all supervision and coordination of the work and for all responsible precautions needed to carry out such work in a manner safe for both the project and all persons involved therein. 7. Final Payment. All amounts held in retention together with any other unpaid portion of the contract or change orders shall be paid to the LFC within the given number of days of LFC notification to Purchaser that the work is complete (date of completion). Customer MUST pay full balance due on date of completion. 8. Effect of Final Payment. The making or the final payment shall constitute a waiver of all claims by Purchaser except those arising from unsettled liens, from failure of work, to comply with requirements of Contract documents, or from faulty or defective work appearing after standard completion. In like manner, acceptance of final payment by LFC constitutes a waiver of all claims not previously made to Purchaser in writing or identified as unsettled in the application for the final payment. 9. Surveys, Legal Descriptions and Easements. Purchaser shall furnish all surveys and legal descriptions of the project, and Purchaser shall secure and pay for all necessary approvals, easements and charges required for use of occupancy of the project. 10. Professional Fees. Purchaser shall pay for all real estate fees, financing charges, accounting fees, legal fees, design fees, and engineering fees involved in the acquisition and development of land underlying the project as well as the construction of the project itself. 11. Insurance. LFC maintains insurance to protect Purchaser and/or Purchaser’s property against the negligent acts of LFC related in the performance of work under the terms and conditions of this contract. A copy of the declaration page is available upon request. 12. Construction Permits and Sales Taxes. LFC shall comply with all laws, ordinances and regulations effecting construction of the project, and purchaser shall secure any pay for all necessary building and construction permits, and shall pay all sales taxes arising from the construction of the project. If this Contract is performed as “cost plus” contract in lieu of a fixed fee contract all such taxes and fees shall be treated as part of the job costs. 13. Governing Law & Venue. This Agreement shall be deemed to be made under, and shall be construed in accordance with all governed by, the laws of the state of Texas and suit to enforce any provisions of this Agreement to obtain any remedy with respect hereto shall be brought in District Court, Denton County, Texas and for this purpose each party hereby expressly and irrevocably consents to this venue. 14. Assignment. This Contract may not be assigned by either party without the other party’s written consent. 15. Modifications. All modifications to this Contract shall be in writing by change orders, purchase orders or similar documents signed by agents of both Owner and Contractor. 16. Notice of Completion. Should Purchaser for any reason record a Notice of Completion which operates to shorten the lien period he shall immediately notify LFC of the Notice, and deliver a copy of that Notice to LFC 17. Miscellaneous. Additional work beyond the original contracted project will be charged to the Purchaser. Lifetime Fence Company reserves the right to review and possible void a contract prior to project commencement. Thank you for choosing Lifetime Roof and Fence Company. Please ask a sales rep for information about the warranty on materials. For any questions you may contact a sales rep by calling (817)400-FENCE (3362) or emailing us at info@lifetimewarrantyfence.com